chapter 2 land use plan - maryland state...

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Draft 5/2014 Land Use Plan

Chapter 2 Land Use Plan

Talbot County’s rural landscape evolved from

its rich history as a farming and maritime

community. The landscape is dotted with

classic towns and villages that developed at

crossroads, ports and mill sites to serve the

seafood, boat building and agriculture

industries.

This plan seeks to maintain Talbot County's

rural pattern of settlement by guiding urban

development to population centers where

public infrastructure exists and by

discouraging development in the County’s

most rural and environmentally sensitive

areas.

Vision

Land use decisions preserve and enhance the rural character and natural resources of Talbot County and are based on full participation of our citizens. The desirable Talbot County growth rate is identified in a County growth policy and maintains or improves our quality of life. Growth management in the County recognizes the fragile nature of our unique geography. Sustainable growth is related to the adequacy of resources and infrastructure.

Business and residential development is located primarily within the planned urban growth areas consistent with the principles of Smart Growth. Countryside Preservation Areas surround towns and villages.

On the borders between towns and County, each respects the values of the other and strives for harmonious land use and growth management decisions. County and town planners work together to achieve these goals ensuring that we remain a rural community.

Land use policies recognize that the western portion of the County, consisting of a series of narrow peninsulas with single road access in and out, is environmentally sensitive to the impact of growth. Agricultural land is protected to preserve our farms.

Goal

To promote and maintain a well-planned pattern of land and water resource use through

which compatible and efficient development is concentrated in areas where environmental

impacts will be minimized.

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Talbot County Comprehensive Plan Draft 5/2014

Growth management is not a new idea for

Talbot County. The 1973 Comprehensive Plan

contained the objective to “Encourage new

development to locate in and around existing

population centers.” However, the efforts to

accomplish this objective fell victim to a

growing demand for

permitted two-acre rural

lots.

In the late 1980s and early

1990s, two important actions

significantly strengthened

policies to maintain the

County’s rural character. In

1989, the Talbot County Critical Area

Program was adopted, establishing the Rural

Conservation (RC) zoning district within the

Critical Area. This effectively converted

57,498 waterfront acres from 2 and 5-acre

residential lots to a one dwelling unit per 20

acre density.

Following the 1990 comprehensive plan

update, which reaffirmed core land

conservation goals, the County adopted a

Resource Agricultural Conservation (RAC)

zoning district. The RAC replaced a 2-acre

per lot zoning density with a residential

development density closer to one dwelling

unit per 20 acres.

The se zoning changes reduced development

density over more than 87% of the County.

The 1990 Comprehensive Plan also made

significant changes to County development

ordinances and policies, which were

reinforced by the 1997 Plan update .

The 2005 Comprehensive Plan built on the

goals and policies of prior plans, that is;

strengthening the growth management

policies that guide development in and

around existing population centers and

limiting the outward expansion of those

centers into the rural areas. Countryside

Preservation (CP) zoning districts were

established around the towns, defining the

ultimate extent of urban development.

As an organizing framework for land use

policy, the County is divided into three

primary sectors; Sensitive Areas, Rural

Resource Areas and Development and

Growth Areas. Land use

management strategies

have been focused on

limiting development in

environmentally sensitive

and rural areas, and

encouraging growth in the

incorporated towns and

their adjacent designated growth areas. A

pattern, scale, and mix of land uses define

each sector. Community character can be

categorized within these policy areas.

Some communities outside the County’s

designated growth areas have been identified

as Priority Funding Areas (PFAs), areas

where the State will focus its economic

development investments to encourage and

support sustainable development. Future

development in PFAs should be compatible

with the pattern, scale and mix of land uses

proposed in this Comprehensive Plan.

General Land Use Plan

The strategy for keeping the County’s rural

character depends on preserving rural lands

and open space, and encouraging future

residential, commercial, and industrial

growth to occur in proximity to the

incorporated towns. Development in rural

areas will be limited to low density residential

and low intensity uses that preserve open

space and supports conditions for farming to

continue. Farmland accounts for most of the

County’s open space and scenic character.

The Land Use Policy and Planning Area map

on the facing page graphically represents the

desired pattern of land use for the County.

The County’s land use policy

areas are:

Sensitive Areas

Rural Reserve

Development and Growth

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The map and plan are the basis for

delineating zoning districts developing public

works plans and establishing development

standards. Future growth and development in

the County should generally conform to this

map and the accompanying planning area

policies.

Planning Areas

Within the three

policy areas are more

detailed planning

areas with specific

recommendations and

zoning designations as

described below.

Development and Growth

Four of the County’s

five incorporated

towns (Easton, St. Michaels, Oxford and

Trappe) are the County’s principal

residential, commercial and industrial

centers. Traditionally, about 40% of all

County residents have settled within the

incorporated towns. The majority of County

businesses and employment are also located

in the towns.

The Town of Queen Anne, with its population

of 220, lacks public infrastructure and is

more akin to the County’s villages than the

other towns. The Town anticipates limited

growth and does not plan on providing public

sanitary facilities, so it has not been assigned

an adjacent County growth area.

Talbot County’s other towns possess adequate

public facilities and services. Also, additional

facilities can most efficiently be provided in

these towns. The four full-service towns

therefore are the logical locations for compact

development and future investments in

municipal infrastructure. Concentrating

residential, commercial and industrial growth

in four towns should relieve development

pressure in the County’s agricultural and

environmentally sensitive areas.

The four towns discussed above have their

own planning and zoning authority and

infrastructure potential to support growth.

The County must

continue to support

these town efforts to

plan for and provide

the infrastructure

necessary to

accommodate their

planned portion of the

County’s residential

and business growth.

Doing so will further

this plan’s objectives

to direct growth to the

County’s existing

population centers.

Growth and Annexation

Along with the town conservation districts,

growth areas were located adjacent to the

incorporated towns by mutual agreement

with the towns (see maps on facing page).

The growth areas encompass or are adjacent

to existing urban and suburban development

and delineate the ultimate physical limits of

urban scale improvement.

Growth area development is anticipate to

occur only after annexation into the adjacent

town. Such development will then be

regulated by municipal regulations, ideally

creating compact mixed-use neighborhoods.

Annexation and development within growth

areas should occur incrementally, with

properties on the inner ring receiving the

higher priority for annexation and

development. “Leapfrog” development of

properties on the growth area’s outer

perimeter at low densities shall be avoided.

The County supports the orderly town

County planning areas include:

Future Growth and Annexation

Existing Developed Areas

Commercial Reuse Areas

Commercial and Industrial Infill

Agriculture

Countryside Preservation

Limited Development

Chesapeake Bay Critical Area

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Easton Vicinity

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expansion and discourages premature

development of the growth areas.

The County will coordinate with towns to see

that growth areas are developed with

adequate public facilities and services, proper

quality community design and appropriate

environmental

safeguards. Each of

the four towns with

associated growth

areas are discussed

below and their

special

circumstances are

identified.

Easton Growth

Areas

The Town of

Easton’s 2010

Comprehensive

Plan identifies an urban growth boundary

that corresponds to this plan’s Town

Conservation zoning designation. The land

located between the existing Town boundary

and the inner edge of the Countryside

Preservation zoning designation are

delineated by Easton’s comprehensive plan as

Priority 1,2, and 3 growth areas.

The first priority is Easton’s ‘Boundary

Refinement’ areas, i.e., properties expected to

be annexed within five years to ‘clean up’ the

Town boundary or for health and safety

reasons.

Priority 2 areas are anticipated to be annexed

within the Town’s planning period. Lands

designated Town Conservation by County

zoning are limited in development density

until these areas are annexed by the Town.

Generally, Priority 2 and 3 areas are

identified by the state as priority funding

‘comment areas’, and are not automatically

eligible for development funding.

The Priority 3 (future) growth areas include

all other land between the County’s

Countryside Preservation Area and the town

boundaries. These areas are identified in

Easton’s long-range plan (20 years or later)

for urban expansion. These areas are not

designated growth areas in County plans.

Easton plans to

permit future

residential growth

at urban densities,

consistent with

priority funding

area densities of

3.5 dwelling units

or more per acre.

The proposed land

use patterns in the

Town’s designated

growth areas

include well-

defined, connected neighborhoods with an

integrated mix of residential, neighborhood-

scale commercial, civic, and open space uses.

This is designed to encourage functioning

neighborhoods complete with recreation and

opportunities for social interaction, rather

than single-use suburban style subdivisions.

Other Town Growth

The Town of Trappe’s Future Growth Area

lies mainly to the south of the incorporated

town. During the upcoming six years, the

Town of Trappe does not intend to annex this

area, though it is included in Trappe’s

Comprehensive Plan as an area planned for

urban expansion. County zoning limits the

intensity of development in the growth areas

until such time as they are annexed into the

Town.

St Michaels and Oxford have identified only

limited expansion areas with no specified

timeframe or plans for annexation. Growth

areas for all towns are shown on page 2-5.

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Commercial and Industrial Areas

Future commercial development is

encouraged to locate within the towns or as

infill and redevelopment of existing

commercial areas. Large-scale commercial

uses, including shopping centers and ‘big box’

retail will not be permitted in the county’s

identified growth

areas, but may be

developed upon

annexation into

incorporated towns.

Business and

industrial uses will

also be encouraged

to locate within the

towns but may be

located in

appropriate County zoning districts.

Commercial and industrial planning areas are

the parcels zoned for such activities. The

purpose of these sites is to provide for

appropriate and adequate areas for future

employment and they are not appropriate

locations for large-scale retail uses. At

present there are approximately 500 acres

zoned for industry and commercial uses

surrounding the Town of Easton.

Existing Developed Areas

Notable among the County’s residential areas

are its Village Center areas, unincorporated

population centers scattered throughout the

County. Village Centers are low or moderate

density residential communities with limited

neighborhood commercial and other uses or

services, recognized for their heritages and

special characteristics. Talbot County’s

villages are an important component of rural

character, providing a pleasingly scaled and

textured contrast to the County’s more urban

areas.

Several village communities experience

problems with failing septic systems due to

combinations of small lot sizes, poor soil

conditions and a high groundwater table.

Connections to existing wastewater treatment

facilities or local shared facilities are the most

practical approaches for correcting existing

problems without

promoting excessive

new development

and will be pursued

through

comprehensive

sewer and water

plans to address

public health

concerns.

Villages should

maintain their sense of place as identified by

their existing architectural character, scale,

mix of uses and density of development. Infill

and redevelopment in Village Centers should

be required to maintain these attributes.

Village Center planning is discussed in

greater detail in Chapter 9 of this plan,

Community Design and Appearance.

Other moderate density residential

communities are designated as Limited

Development Areas (LDA) in the County’s

Chesapeake Bay Critical Area Plan. Though

these areas are largely developed, some infill

and redevelopment is anticipated.

Development in the County’s Critical Area is

regulated to insure water quality and to

reduce habitat impacts. The primary

emphasis in the moderate density residential

areas is to insure that infill and

redevelopment is done in an environmentally

sensitive manner. To this end the County will

encourage context-sensitive development that

is located outside of habitat protection areas.

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Rural Reserve

Countryside Preservation

Talbot County, to maintain its rural

character, has established zoning districts

which permanently preserve agriculture,

forest, wetlands,

countryside and other

large open spaces at the

periphery of the town’s

designated growth areas.

These Countryside

Preservation (CP) zoning

areas include existing

rural residential

communities and other

low-density developed

land.

By defining the limits of

urban growth around the

towns, these areas ensure that towns will be

properly bounded to help maintain their

identity in the landscape and that

urbanization is not permitted to erode the

County’s rural character.

The CP zoning district is a priority area for

land preservation measures such as

conservation easements. Additional

implementation techniques, such as inter-

jurisdictional transfer of development rights

and purchase of development rights

programs may be considered in order to

insure permanent preservation.

Agriculture

The Agriculture planning areas encompasses

the bulk of rural land in the eastern half of

the County. These areas are characterized by

farms, forestry, open space, low-density

single-family homes, and agriculturally

related commercial and industrial

establishments. Agricultural and forestry

activities are the preferred land uses within

these areas. Conservation of open space and

retention of a land base necessary to support

the County’s agricultural industry are of

primary importance in these areas.

Future residential development in the

Agriculture planning area should be designed

to preserve productive

agricultural lands,

woodlands, open space,

environmentally sensitive

resources and rural

character. In-fill

development of existing

residential subdivisions

shall be limited to the

density allowed when the

subdivision was approved.

Clustering is required for

the majority of lots in new

residential subdivisions

permitted in this planning area. Clustering

shall be designed to maintain agricultural use

on the remaining nonresidential portion of

the parcel. Conservation of agricultural lands

and open space through purchase of

development rights (PDR) programs is

encouraged in this region, which is identified

as a Priority Preservation Area for agriculture

(see Chapter 5, Agriculture ).

The Maryland Agricultural Land Preservation

Program (MALPF) is a PDR program

established by the State in 1977. It is one of

the most successful programs of its kind in

the nation. The County and State co-

administer the program to meet local and

State preservation goals. As of 2012, some

11,000 acres of farm and forest land has been

permanently protected by MALPF easements.

The County should continue its participation

in this program to meet its agricultural land

preservation goal.

Through adoption of the 2005

Comprehensive Plan, the County permitted

the transfer of development rights (TDR)

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between parcels for the purpose of land

preservation. While TDR programs have been

successful in other Maryland counties and

across the country, Talbot’s program was not

considered a success and was deleted from the

Zoning Ordinance in 2007. Subsequent

legislation and the escalating cost for

purchase of development rights may lead to re

-examining the utility of a TDR program.

Permanent land preservation, mandatory

clustering and lower residential densities have

successfully conserved valuable agricultural

land and open space, while allowing

landowners to retain a degree of development

potential and equity. This approach should be

continued.

Sensitive Areas

Limited Development

The upland portions of Talbot County’s

western narrow necks are zoned Western

Rural Conservation (WRC) in recognition of

the high concentration of sensitive natural

areas in close proximity to tributaries of the

Chesapeake Bay. This planning area features a

mix of agriculture, low-density residential and

natural resource areas. Also, these areas have

few routes to inland areas of the County,

raising evacuation concerns in the event of

tropical storms or other hazardous events.

Conserving the rural character of these areas

is a high priority for the County. The WRC

zone will be targeted for development controls

and resource enhancement programs

designed to protect natural resources while

providing for limited, low-density residential

development with appropriate safeguards for

water quality and natural resource protection.

Critical Area

The County has adopted a Chesapeake Bay

Critical Area Plan pursuant to State

regulations. This plan and corresponding

zoning regulations affect all waterfront areas

of the County 1,000 feet landward from the

shoreline or the inland edge of tidal wetlands.

In the Critical Area, Talbot County zones land

consistent with its Critical Area designation.

The Resource Conservation (RC) zoning

district corresponds to the Resource

Conservation Area (RCA) designation in the

Critical Area Program. These areas are

characterized by natural environments,

agriculture, forestry and fisheries and it is the

County’s intent to retain these areas in such

The specific purposes of the Talbot

County Critical Area Plan and the

development standards it contains are:

The protection of water quality by

reducing pollution and its effects,

whatever the sources;

The conservation of fish, wildlife

and plant habitats;

The establishment of land use

policies that allow for limited

growth while maintaining or

improving environmental

conditions;

The promotion of the most

environmentally sensitive plans and

practices where development is

allowed in shoreline areas;

The conservation of all types of

wetlands so that they can continue

to function in their natural

capacities as marine nurseries,

filters, and absorbers of flood and

erosive impacts; and

The restoration of both shellfish

and finfish productivity, through

protection and cultivation of

submerged aquatic vegetation

beds.

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uses. Only low-density residential

development is permitted, provided such

development is located outside of habitat

protection areas and can demonstrate that

water quality and habitat have been

maintained or improved.

Within the Critical Area, detailed regulations

have been adopted which direct, manage and

control residential, commercial and industrial

development to minimize adverse impacts of

growth. The County has established zoning

districts that correspond to Critical Area

designations and our detailed in the County

Zoning Ordinance.

Critical Area law makes some provision for

growth allocation, or re-designating land for

more intense development. The total amount

of land that may be re-designated is limited to

5% of Talbot’s RCA lands. Growth allocation

should only be permitted where it advances

the land use policies and objectives of this

comprehensive plan.

Implemented Recommendations The 2005 Comprehensive Plan recommended

specific land use and other policies that have

been implemented through adopted

regulations, ordinance, and programs. The

following section outlines the management

tools that have subsequently been

implemented.

Urban Growth Boundaries or

Development Districts

Talbot County has adopted urban growth

boundaries in the form of Countryside

Preservation zoning areas to delineate the

boundary between urban growth and rural

areas of the County.

Density/Intensity Regulations

Density regulations control growth by

regulating the number of units that may be

built per unit area of land (for example one

dwelling unit per acre). Intensity regulations

may limit the floor area or bulk of a building

to a percentage of the site, establish

impervious surface ratios, limit lot coverage,

hours of operation, or total vehicle trips per

acre per day. Both density and intensity

regulations are used in Talbot County.

Density limits in the County’s Zoning

Ordinance were developed with the preferred

character of planning areas in mind. For

example Sensitive Area and Rural Reserve

zoning districts limit the allowable base

density for development consistent with the

stated purpose of preserving rural character

and natural resources.

Following the 2005 Plan, the County adopted

the Town Conservation (TC) zoning

designation which retains a rural density (one

unit per 20 acres) in order to discourage

suburban style development in areas

identified for eventual annexation and urban

scale development. Also, density trade-offs or

incentives in or near sensitive areas have

been eliminated through zoning text

amendments.

Open Space or Conservation Development

These are regulatory strategies designed to

cluster or concentrate permitted development

on a parcel to retain larger contiguous areas

for agriculture. As a bonus, clustered

development on smaller sized lots may also

reduce development costs and requires less

infrastructure investment.

Clustering had been a voluntary subdivision

option in the Rural Reserve planning

districts, permitting density increases from

one dwelling unit per 20 acres to one unit per

10 acres. Transfers of Development Rights

had permitted additional density increases to

a maximum of one unit per 5 acres. These

density bonuses were used to protect over

3,800 acres of land through Reservation of

Development Rights agreements.

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However, zoning ordinance revisions

following the 2005 Plan eliminated voluntary

clustering in favor of mandatory clustering of

a portion of available lots in a subdivision.

Open space is still conserved from and is

simply recorded as ‘remaining land’ after

development rights are assigned.

Overlay Zones

Overlay zones impose a set of requirements in

addition to those of the underlying zoning

district. Such zones are typically applied

when there are additional planning

considerations within a larger zoning district

(e.g. the presence of sensitive natural features

or notable scenic qualities).

Highway corridor overlay zoning is an

example of an overlay establishing design

standards for new development and

redevelopment in a commercial corridors that

serve as gateways to communities.

In response to a recommendation in the 2005

Plan, Gateway Overlay Zones were

established for commercial areas at the major

approaches to the four incorporated towns.

Remaining Recommendations The tools noted below are additional

regulatory and non-regulatory approaches to

achieving plan objectives that were outlined

in the 2005 Plan, but have not been adopted.

Transfer of Development Rights (TDR)

TDR programs, or density exchanges, are

used to transfer development potential from

lands targeted for preservation to areas

designated for growth. A TDR is typically a

market-driven, incentive-based mechanism

facilitating the purchase and sale of

development rights separate from the land

itself.

The County and towns should mutually

explore the concept of inter-jurisdictional

transfer of development rights as one means

of implementing the County’s objectives for

Greenbelt preservation. Development rights

originating in the CP zone could be

transferred to designated receiving areas

within the adjacent town. If practicable, such

a program could provide an effective and

equitable means of directing growth to

appropriate locations and supporting rural

conservation objectives.

Purchase of Development Rights (PDR)

PDR programs purchase and extinguish the

development potential of privately held land

through a voluntarily transaction. In

exchange the seller of development rights

agrees to permanent development

restrictions placed on the land by deed of

easement. Land and can be transferred

normally, though the easement runs with the

land, restricting any further development to

that provided for in the easement.

The Maryland Agricultural Land Preservation

Foundation (MALPF) is the main PDR

program available to Talbot County

landowners. Other transaction programs

arrange conservation easements in exchange

for tax consideration and are managed by the

Maryland Environmental Trust and Eastern

Shore Land Conservancy. Organizations such

as the Nature Conservancy and the

Conservation Fund hold easements here but

are less active in new acquisitions.

Talbot County should follow the lead of other

counties in Maryland and develop a locally

funded PDR program, which could be

dedicated to the purchase of development

rights in the Countryside Preservation zoning

district.

Greenways

Greenways are hubs of natural land linked

together by a network of corridors.

Greenways often have scenic qualities,

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emphasize cultural and historic resources and

include places or trails with historic and

cultural values providing educational, scenic,

recreational or economic benefits to the

community.

Appropriate areas include shorelines, natural

corridors, abandoned rail beds or other

public right-of-ways that provide for wildlife

migration. Greenway hubs are significant

areas that provide for wildlife habitat and

biodiversity. Streams and forests are prime

ecological greenways.

Talbot County’s Green Infrastructure plan,

which has been adopted as an addendum to

the Comprehensive Plan, identifies potential

greenways throughout the County (see map

below).

Performance Standards for

Environmental Protection

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Performance standards can be used to protect

environmentally sensitive areas by

establishing specific levels or percentages of

various site resources to be protected. For

example, the County limits the amount of

impervious surface in most of the Chesapeake

Bay Critical Area to no more than 15 percent

of the gross site area. Given the sensitive

nature of land located in the Western Rural

Conservation planning area, the County

should consider additional environmental

protection standards outside the Critical

Area.

Infill and Community Redevelopment

The purpose of community redevelopment is

to revitalize substandard neighborhoods by

improving existing buildings and blighted or

underutilized properties. These strategies can

foster stronger communities or

neighborhoods, promote businesses

revitalization, increase the supply of

affordable housing on existing infrastructure,

and reduce the consumption of resource

lands to support growth.

This tool has not been considered for the

County since most re-development

opportunities are within the corporate limits

of towns. The County should encourage

cooperative strategies with towns to better

utilize existing infrastructure and reduce

demand for development in rural areas.

Additional Planning Tools

In addition to the implementation

recommendations described above, the

following planning tools were outlined in the

2005 Plan but not considered for use.

Bonus (Incentive) Zoning

Conventional zoning places limitations on the

intensity of property use. Alternately,

incentive zoning is a trade between the

community and the property owner. In

exchange for providing community benefit

(e.g. affordable housing, parkland, public

parking facilities, or higher quality

development), a developer is given a density

bonus.

Small Area Plan

Small Area Plans or Master Plans are similar

to planned unit development (PUD) site

development plans. They essentially provide a

preplan of the development types, roads and

other public facilities/amenities desired for a

particular site or area. The term Small Area

Plan was used in the 2005 Plan in relation to

Village Center Planning, though it may not

have been the appropriate tool.

Performance Standards and Development Guidelines

Performance standards regulate the specific

design or result of development. Uses are

permitted, provided pre-set performance

standards are met. Examples include

standards to control site access, to maintain

the capacity of a road system or requirements

that limit the scale of structure.

Talbot County currently uses a number of

performance standards that must be met as

conditions of development approval. Most of

these standards are environmental protection

performance standards. Fewer performance

standards relate to the quality of

development.

Performance standards and design guidelines

may be appropriate for Village Centers and

development guidelines could be crafted to

improve the quality of site design in the

Designated Growth Areas. There are

recommendations to update the County’s

1991 Design Manual and some standards and

guidelines are outlined in the Community

Design chapter of this Plan.

Population Cap and Growth Rate Controls

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These controversial strategies may not be

desirable or legal, but were included in the

2005 Plan.

A population cap would literally set a

numerical limit either on population itself or

on the number of housing units in the

County. No statutory authority exists to

establish a maximum population for a

jurisdiction. Authority might conceivably

derive from a broad interpretation of the

basis for regulation; public health, safety and

welfare.

Recent Annexations

A significant change in assumptions from the

previous Comprehensive Plan concerns the

Memorial Hospital in Easton. The hospital, as

part of Shore Health System, merged with the

University of Maryland Medical System

(UMMS) in 2006.

Shortly afterwards the System began

investigating sites for a larger hospital

campus. Since Memorial Hospital is such a

large employer in the area and its services

span a broad range, the Talbot County

Council and other local leaders worked to

retain the facilities in Talbot County and in a

central and sustainable location. A site was

secured and in 2008. UMMS, Talbot County

and the Town of Easton executed a

memorandum of understanding to provide

land and public facilities for hospital

relocation.

Three parcels of land north of Easton were

subsequently annexed into the Town in order

to qualify for the extension of sewer and

water lines. The Town and County

comprehensive plans were both amended to

accommodate a Health Care District, a new

category. The annexation also included the

site of the Talbot Community Center, which

adjoins the hospital site. This was followed by

the annexation of the Hyde Park community

to take advantage of the availability of sewer

lines to address a failing community sewerage

system.

Several other small annexations have

occurred but have little impact on County

land use policy.

Recent State Law

Amendments

In compliance with the Sustainable Growth

and Agricultural Preservation Act of 2012, the

Talbot County Council adopted septic tier

designations for land in Talbot County. This

system is designed to improve water quality

and to encourage smart growth through the

limitation of major growth on individual on-

site septic systems.

Tier locations are depicted on the following

page. The tier system is described below with

its land use implication for each tier.

Tier 1 Existing Sewered and Mapped Growth Areas

This tier consists of properties presently

served by an existing sewer system for the

purpose of growth and development. Private

systems in areas not planned for growth and

areas served by public sewer primarily for

environmental health, safety and water

quality improvement are not designated as

Tier 1.

Tier 2 Mapped Growth Areas

Planned for Sewerage

This Tier has been subdivided into sub-tiers A

through C for consistency with County and

Municipal growth as outlined in the

respective comprehensive plans. Tier 2C

areas are not planned for sewer in County

Water and Sewer Plans.

Tier 3A

Rural Communities

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Not Planned for Sewerage

This sub-tier consists of existing settlements

within areas designated for resource

protection, developed on septic systems. This

tier designation recognizes existing

communities and their limitations in local

plans which are not intended to become

growth areas. Infill development is the only

planned development and sewer service is not

anticipated. Also, several small, commercially

or industrially zoned parcels are included in

this designation.

Tier 3B

Water Quality Strategy Areas, With or Planned for Sewerage

This designation reflects existing or

anticipated plans to exclusively relieve failing

systems by extending sewer service. Such

areas are not intended for growth other than

infill and limited peripheral development.

Tier 3B areas are not growth areas. The

County’s Comprehensive Water and Sewer

Plans must be amended to include these

areas for future sewer service. As Bay

Restoration Funds become available and

Watershed Improvement Plans are

implemented, these areas will be provided

service under strict limits in order to

maintain a sustainable growth pattern.

Tier 4

Mapped Resource Protection Areas

This tier covers over 113,000 acres, which

exceeds 80 percent of the land area in Talbot

County and more than 88 percent of the non-

municipal land area. This land is designated

for limited development in the County

Comprehensive Plan and Zoning Ordinance

and has been identified for preservation

under applicable state programs and

regulations.

Other Land Use Amendments

The 2005 Comprehensive Plan has been

amended twice to comply with State

mandates, and once to create a new land use

category:

An amendment to adopt a Priority

Preservation Area Plan was adopted in

March, 2010. The plan is incorporated into

the Agriculture chapter of this plan.

A Water Resources Element was adopted in

April of 2010. The amendment has been

updated where new information is available

and incorporated into the Natural Resources

chapter of this plan.

In December of 2008, a Resolution was

adopted to amend the County land use map

and Easton growth area map to incorporate a

regional healthcare facility into a new growth

area. The amendment is discussed above in

the Recent Annexations section, and shown

in the map on the facing page.

Summary

Growth management has been the foundation

for Talbot County’s comprehensive plans

since the first plan in 1973. This plan carries

forward the objective of maintaining the

County's rural pattern of settlement, by

guiding urban development those areas

where public infrastructure exists and by

discouraging development in the most rural

and environmentally sensitive places.

Talbot County has retained its historic rural

character and land use patterns have changed

very little over time. Policies implemented

over the past few decades have maintained a

reasonable balance among land uses.

Land use plans continue to recognize the

value of farmland and the importance of

judicious growth management strategies. No

substantial changes to the County’s tradition

of land use planning are suggested.

2-17


2-18


Topic Citation Policy Action

Zoning

§190-3(B)(3)

§190-3(B)(14)

§190-3(B)(15)

§190-3(C)

§190-13(A)

Code §5 Ag. Land

Preservation

Code §73 Forest

Conservation

The County should preserve its

unique rural landscape through con-

servation of farmland, forestlands,

and environmentally sensitive lands

by application of land use regulations

and easement programs that con-

serve open space in rural areas. The

County shall prohibit strip develop-

ment along County and State road-

ways.

Done:

See Agriculture, Natural Resources

and Community Design Chapters.

Genera

l Land U

se

Zoning

§190-3(B)(9)

§190-3(B)(19)

The County should continue a restric-

tive approach toward the use of land

over which it has zoning authority,

and new development should be of a

controlled nature and channeled into

the most appropriate areas and dis-

couraged in others.

Done:

The Zoning Ordinance and Zoning

Maps have been revised to reflect the

Plan’s policies.

Zoning

§190-3(B)(7)

§190-3(B)(8)

§190-14(A)(3)

Most new residential, institutional,

commercial, business and industrial

development should be located in the

designated growth areas and incorpo-

rated towns. Large-scale commercial

uses, including shopping centers/

districts and big box retail shall be

limited to the incorporated towns.

County development regulations for

designated growth areas support the

orderly expansion of the towns by

discouraging premature development

in these areas.

Done:

See Community Design Chapter

To do:

The County should reevaluate the ex-

isting PFA boundaries.

Within designated growth areas, PFA

boundaries should correspond to the

desired limits of urban expansion and

be consistent with other potential

growth management tools.

Zoning

§190-127(C)

Code §73 Forest

Conservation

Sensitive environmental areas shall

be protected where they occur to the

greatest extent possible.

Done:

See Chapter 8

Zoning

§190-170

§190-184

The County should continue to im-

plement appropriate environmental

performance standards relating to

stormwater and flood plain manage-

ment, forest conservation and sedi-

ment and erosion control.

Done:

See Chapter 8

Summary of Policies and Actions

2-19



Resid

entia

l Gro

wth

Are

as

The County should coordinate with the

towns in the review and approval of

development projects adjacent to the

towns and in matters of town

annexations.

To do:

Regularly scheduled meetings among

Councils and Planners should become

an official policy of the County.

The County and Towns should explore

implementation of an inter-

jurisdictional transfer of development

rights program to encourage

development in the Towns and

designated growth areas, and encourage

implementation of the Countryside

Preservation Area.

See Agriculture and Economic

Development Chapters

To do:

The County should revisit using

Transfer of Development.

Zoning

§190-111(D)

Future residential subdivision

development around the Easton Airport

should be prohibited.

To do:

Airport Overlay Zone should be

updated in the zoning maps to reflect

more recent studies and FAA

regulations. Inappropriate

Development heights should be

prohibited.

Zoning

§190-14(A)(3)

§190-14(F)

County development regulations in the

Easton and Trappe Future Growth

Areas should prohibit premature urban

or suburban development until such

time as these areas are annexed into the

Town of Easton.

Done

Zoning

§190-15 Concentrations of commercial and

industrial uses should be located in well

-planned centers or parks within the

towns, or as infill and redevelopment of

existing commercial/industrial areas.

See Economic Development Chapter

Oth

er G

row

th A

reas

Zoning

§190-14(A)(5)

Industrial uses in village centers should

be limited to those that support

agriculture, forestry and commercial

maritime uses. Commercial agriculture

related uses should not be limited to

village centers.

Done:

See Community Design Chapter and

Agriculture Chapter


2-20



Villa

ge C

ente

rs

Council Bill 1205

(June 28, 2011).

The County will re-examine

permitted land uses in the VC zoning

district to insure that only those uses

compatible with village character are

allowed. The County will prepare

development standards requiring

new non-residential development be

compatible with the scale and

architecture in village centers.


To do:

The County should consider village

development standards in conjunction

with the review of zoning ordinance

standards.

Council

Resolution 127

(2005) Village growth shall be limited to

infill and peripheral development.

Residential infill development and

redevelopment should be compatible

with existing character and density of

the village.


Done:

Undertake master planning processes for

each of the Village Centers.

To Do:

Amend zoning density and minimum lot

size to ensure development is in scale and

character with existing village

composition and historic growth pattern.

Infill a

nd R

edevelo

pm

ent

Zoning

§190-184 (I)(5 )

Infill development and

redevelopment of existing residential

subdivisions, and existing

neighborhoods in rural areas should

be compatible with existing character

and density.

To do:

Update or revise the 1991 Talbot County

Design Manual

Zoning

§190-14(A)(2)

New buildings or redevelopment of

existing buildings on existing lots

should be located outside of the

habitat protection area.

Done

Rura

l Rese

rve A

reas

Zoning

§190-13(A)(2)

§190-14(D)

A definitive countryside preservation

area shall be established at the outer

perimeter of the designated growth

areas. Encourage clustering to

preserve open space.

To do:

Designate the Countryside Preservation

Area as a TDR sending areas, giving

priority to Towns and Designated Growth

Areas as receiving areas.

Develop design guidelines that encourage

appropriately sited development to

preserve the view from the road.

Zoning

§190-176

Developments utilizing Growth

Allocations must be in compliance

with the policies and objectives of the

Comprehensive Plan.

Done

To do:

Growth allocation should be managed as

an incentive to fulfill some public purpose

in exchange for the benefit resulting from

the granting of the allocation.


2-21



Rura

l Rese

rve A

reas

Zoning

§190-13(A)(3)

§190-13(F)

Open space, agriculture, forestry, and

low density single-family detached

residential uses are the preferred uses

in the Western Rural Conservation

Planning Area.

Cluster development is encouraged to

conserve open space.

Done:

The County adopted development

standards for the WRC that limits

total impervious surfaces to no more

than 15 % of the site area, and a

density of one dwelling unit per 20

acres. Clustering is required on lots

over six acres.

Zoning

§190-14(A)(1)

§190-14(G)

Future development in the RC zoning

district should result in areas

primarily characterized by open space,

agriculture, forestry, and low-density

single-family detached homes.

Done

Zoning

§190-13(D)

The County should provide incentives

to cluster development and preserve

open space to maintain or enhance the

rural character of rural areas.

Done

Sensitive environmental areas shall be

protected where they occur to the

greatest extent possible. Discourage

use of tradeoffs or incentives that

increase overall density in or near

sensitive areas.

Done

See Natural Resource Chapter

The County encourages the

preservation of the rural lands of

Talbot County as a permanent rural

landscape. Within the rural and

agricultural planning areas,

agriculture and forest cover should

remain the dominant land uses.

Done

See Agriculture Chapter

To do: Strengthen the current

countywide farmland and resource

land protection PDR programs.

Additional public and private funding

sources should be sought to expand

the program.

Zoning

§190-13(A)

§190-14(A)(5)

The County’s preferred options for

residential development in the

Agricultural areas are: cluster

development, large lot low-density

subdivisions, and additions to existing

rural villages.

Done

See Ag Chapter


2-22


Land Use Resources

Maryland Department of Planning, Priority Funding Areas

http://www.mdp.state.md.us/OurWork/1997PFAAct.shtml

Critical Area Commission

http://www.dnr.state.md.us/criticalarea/

Transfer of Development Rights, PowerPoint, includes Cecil County study

http://landuselaw.wustl.edu/ceciltdr.pdf

Green Infrastructure

http://www.dnr.state.md.us/greenways/gi/gi.html

Town of Easton, 2010 Comprehensive Plan

http://www.town-eastonmd.com/PlanningZoning/Comp_Plan.html

Talbot County Smart Growth Successes

http://www.mdp.state.md.us/PDF/OurProducts/Publications/OtherPublications/

SG_Successes_Talbot.pdf

MDP, Sustainable Growth and Agricultural Preservation Act of 2012

http://www.mdp.state.md.us/OurWork/2012Legislation.shtml

http://www.mdp.state.md.us/OurWork/1997PFAAct.shtml

http://www.dnr.state.md.us/criticalarea/

http://landuselaw.wustl.edu/ceciltdr.pdf

http://www.dnr.state.md.us/greenways/gi/gi.html

http://www.town-eastonmd.com/PlanningZoning/Comp_Plan.html

http://www.mdp.state.md.us/PDF/OurProducts/Publications/OtherPublications/SG_Successes_Talbot.pdf

http://www.mdp.state.md.us/PDF/OurProducts/Publications/OtherPublications/SG_Successes_Talbot.pdf

http://www.mdp.state.md.us/OurWork/2012Legislation.shtml

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